Gulf South Research Institute v. Bramlet

ON REHEARING

MILLER, Judge.

The application for rehearing convinced a majority of our court that we were in error in holding that the trial court did not conduct a hearing on the issues raised by the exceptions. We find that the exceptions were presented prior to the trial on the merits and the trial court properly overruled them.

Plaintiff filed suit in November of 1969 and the case was set for trial for December 16, 1969. On December 12, 1969 defendant’s present counsel filed a “Motion for Continuance”, expressing an intention to file a comprehensive answer and recon-ventional demand. Tr. 26.…